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Planning appeal decision

Notice upheld21 January 20223270228

103 Olinda Road, London, N16 6TS

Planning appeal 3270228 at 103 Olinda Road, London, N16 6TS (London Borough of Hackney) was dismissed on 21 January 2022 by Inspector Hand S, by written representations. The main issue, as the Inspector framed it: Whether there has been a material change of use from dwellinghouse to mixed use of dwellinghouse and hot food takeaway.

MCU TO A MIXED USE OF DWELLINGHOUSE AND HOT FOOD TAKE AWAY SERVICES

Authority
London Borough of Hackney
Appeal type
enforcement · Enforcement Notice
Procedure
Written Representations
Development
retail · Change of use
Inspector
Hand S
Postcode
N16 6TS

Main issues, as the Inspector framed them

  • Whether there has been a material change of use from dwellinghouse to mixed use of dwellinghouse and hot food takeaway
  • Whether the requirements of the enforcement notice are excessive (ground f)
  • Whether the compliance period is reasonable (ground g)

What decided it

The material change of use to a mixed use of dwellinghouse and hot food takeaway was clearly established by substantial evidence of noise, smell, parking and traffic impacts on the residential area, making the enforcement notice appropriately framed and the compliance period reasonable.

The decision letter

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More decisions in London Borough of Hackney

The authority’s record since 2016 · every decision in 2022

  1. Dismissed1 October 20266010033
    259 Wick Road, Hackney, London, E9 5DG
  2. Notice upheld23 September 20263368635
    Flat 6, Brooks Lodge, 194A Hoxton Street, London, N1 5HU
  3. Notice varied and upheld18 September 20263360724
    2B Woodberry Down, Hackney, London, N4 2TG
  4. Allowed17 August 20266010972
    101 Dalston Lane, London, E8 1NH
  5. Allowed11 August 20266010297
    Flat A 141 Amhurst Road, London, E8 2AW

The main issues, what decided it, the planning balance and the policies and judgments listed as cited are read from the published letter by Town Planner Pro and are our summary, not the Inspector’s words; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

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